Colorado § 25-7-109.2 - Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal.

§ 25-7-109.2. Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal.

(1) The commission shall promulgate such rules, regulations, and procedures as are necessary to establish and administer the Colorado small business stationary source technical and environmental compliance assistance program consistent with the requirements of the federal act.

(2) There is hereby created a compliance advisory panel, which shall:

(a) Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, degree of enforcement, and severity of penalties;

(b) Make periodic reports to the governor and the administrator of the United States environmental protection agency;

(c) Review information for small business stationary sources to assure such information is understandable by the layperson; and

(d) Advise the small business stationary source technical and environmental compliance assistance program, which shall serve as the secretariat for the development and dissemination of such reports and advisory opinions.

(3) The panel shall consist of:

(a) Two members who are not owners or representatives of owners of small business stationary sources, appointed by the governor to represent the general public;

(b) Two members who are owners or who represent owners of small business stationary sources, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives;

(c) Two members who are owners or who represent owners of small business stationary sources, one appointed by the president of the senate and one appointed by the minority leader of the senate; and

(d) One member appointed by the executive director of the department of public health and environment to represent such department.

(4) Members of the panel shall serve for terms of three years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. Each term commences on February 1 of the year of appointment. Vacancies occurring during the term of office of any member of the panel shall be filled for the unexpired portion of the regular term in the same manner as for the original appointment.

(5) In furtherance of the small business stationary source technical and environmental compliance assistance program established as provided in subsection (1) of this section, the department of public health and environment shall serve as ombudsman for small business stationary sources. The department shall carry out the ombudsman duties using personnel outside of the air pollution control division.

(6) The general assembly finds, determines, and declares that this section is enacted for purposes of compliance with the provisions of section 507 of the federal act, 42 U.S.C. sec. 7661f. Subsections (2), (3), and (4) of this section and this subsection (6) are repealed, effective September 1, 2036. Prior to said repeal, the compliance advisory panel shall be reviewed by a legislative committee of reference, designated pursuant to section 2-3-1201, to conduct the review pursuant to section 2-3-1203.

Source: L. 92: Entire section added, p. 1161, § 3, effective July 1; entire section added, p. 1178, § 13, effective July 1. L. 94: (3)(d) amended, p. 2782, § 498, effective July 1. L. 96: (6) amended, p. 798, § 12, effective May 23; (5) amended, p. 845, § 1, effective July 1, 1997. L. 98: (6) amended, p. 76, § 1, effective March 23. L. 2004: (6) amended, p. 349, § 16, effective July 1. L. 2005: (6) amended, p. 155, § 1, effective April 5. L. 2015: (2)(d), (4), and (6) amended, (SB 15-103), ch. 74, p. 196, § 2, effective July 1. L. 2022: (4) amended, (SB 22-013), ch. 2, p. 59, § 77, effective February 25. L. 2026: (6) amended, (HB 26-1208), ch. 97, p. 385, § 2, effective August 12.

Editor's note: Amendments to this section by Senate Bill 92-97 and Senate Bill 92-105 were harmonized.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (3)(d), see section 1 of chapter 345, Session Laws of Colorado 1994.